Lawgist52Indorser who excludes his own liability or makes it conditional
The indorser of a negotiable instrument may, by express words in the indorsement, exclude his own liability thereon, or make such liability or the right of the indorsee to receive the amount due thereon depend upon the happening of a specified event, although such event may never happen.
Where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all intermediate indorsers are liable to him.
Illustrations
(a) The indorser of a negotiable instrument sign; his name adding the words-- "Without recourse".
Upon this indorsement he incurs no liability.
(b) A is the payee and holder of a negotiable instrument. Excluding personal liability by an indorsement "without recourse" he transfers the instrument to B, and B indorses it to C, who indorses it to A. A is not only reinstated in his former rights, but has the rights of an indorsee against B and C.
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- 46 Delivery
- 47 Negotiation by delivery
- 48 Negotiation by indorsement
- 49 Conversion of indorsement in blank into indorsement in full
- 50 Effect of indorsement
- 51 Who may negotiate
- 52 Indorser who excludes his own liability or makes it conditional
- 53 Holder deriving title from holder in due course
- 54 Instrument indorsed in blank
- 55 Conversion of indorsement in blank into indorsement in full
- 56 Indorsement for part of sum due
- 57 Legal representative cannot by delivery only negotiate instrument indorsed by deceased
- 58 Instrument obtained by unlawful means or for unlawful consideration
- 59 Instrument acquired after dishonour or when overdue
- 60 Instrument negotiable till payment or satisfaction
